Commission Meeting Notes
March 20, 2003

Commissioner Cardee Kilpatrick absent

SPECIAL CALLED SESSION: APPOINTMENT OF COUNTY ATTORNEY
All present unanimously approved Mayor Heidi Davison's recommendation of Bill Berryman as County Attorney.

AGENDA SETTING SESSION

CDBG-FUNDED WATER MAIN EXTENSIONS ON CALVIN ST. & LINDA AVE.
Discussion centered on the underlying philosophy of using Community Development Block Grant Funds to pay for water and sewer service for neighborhoods within the 2 census tracts that attract CDBG funds to ACC. Commissioner Carl Jordan expressed that he wants these water lines put in, but he feels that Public Utilities should be, since scarce CDBG funds could have more impact for these neighborhoods if used differently. Commissioner Harry Sims argued in favor of using CDBG funds for these Utilities projects, since that appears to be the only way that these long-established neighborhoods will ever get ACC water or sewer.

WASTEWATER TREATMENT LEVEL
Seth Wenger spoke on behalf of UOWN to urge the Commission to require a higher level of treatment for the pollutant Phosphorous. He pointed out that there are still many unknowns about the proposed treatment level, such as the capacity of the receiving rivers to assimilate pollutants; ongoing operating costs; and likely impacts to water users' bills. It might be reasonable to start with this level of treatment and improve it later - but it might be more cost-effective and feasible to start by treating to a higher level now; the information needed to make such a decision has not been provided. Oconee County treats to a higher level than we are proposing here. He also suggested the Commission get estimates on environmental impacts and actual costs.

Commissioner Jordan pointed out that this decision involves enormous expense and will affect ACC's growth capacity for next 20 to 30 years. He expressed concern about the Phosphorous treatment level, pointing out that high levels of Phosphorous from ACC have been detected in Lake Oconee, where it can lead to eutrophication (i.e. removal of oxygen that kills off biota.) EPD will require ACC to decrease phosphate discharges, but they have not stated by how much. He also believes that there are greater economies of scale available in construction and operation than have been presented to the Commission. He suggested waiting to hear from local experts.

Commissioner Sims said that Dr. Bruce Beck of the Forestry School met with the Wastewater Advisory Committee and affirmed the direction they suggested.

Commissioner Tom Chasteen said that even if this is approved, the scope can be expanded later as more information becomes available.

LOCAL HISTORIC DISTRICT DESIGNATION OF DOWNTOWN ATHENS
Referring to a memo from the Planning Department about process costs and timeline, Amy Kissane of Athens-Clarke Heritage Foundation offered the group's assistance with fulfilling the requirements of the designation process. ACHF has already nearly completed versions of the two most costly work items noted in the memo, which can be adapted for ACC's use. They're working with a consultant to prepare design guidelines which can be assessed for applicability to downtown before the Planning Department hires its own consultant. She expressed concern about the timeline.

Corky Sams of the Athens Downtown Development Authority said his group has been working with ACHF and Commissioner David Lynn on a downtown historic preservation committee plan. He supports an alternate motion to appoint a committee rather than to begin the designation process. He said downtown business owners are the main stakeholders and resent being told they're not important stakeholders.

Commissioner Lynn reported that progress was being made in his meetings with ADDA and ACHF; both sides are at the table, but have not yet agreed on the size and shape of the table. He would like to include the creation of a committee as part of the resolution. He asked for staff's assessment of ACHF's offer to help.

Planning Director Brad Griffin explained that they have not had a chance to evaluate it thoroughly yet, but feel it will be a valuable element. The information that ACHF could provide would reduce the time and cost of the process.

Commissioner States McCarter was concerned with the possibility of adding another staff member in the Planning Department, and hoped to instead assign a current staffer another duty rather than add a new position.

ALLOCATION OF CDBG AND HOME FUNDS
The public hearing for these items will take place at the April 1 meeting.

Discussion centered around Commissioner Jordan's proposed alternative to the recommendations of HED. His primary goal in suggesting a change was to ensure funding for the Athens Area Homeless Shelter and Project Safe, as well as the Food Bank of NE GA. Some commissioners expressed disagreement with the amounts he suggested for certain projects, such as Lanier Gardens and Kelly Diversified. There was more discussion about the Public Utilities for minority neighborhoods issue. Commissioner Chasteen said that he is baffled that the Commission has been debating dipping into Public Utilities to fund improvements to these neighborhoods while also challenging them to be frugal.

Commissioner Barrow pointed out that Public Utilities has never been challenged to deal with the inequities in the location of infrastructure, which developed over many years. ACC needs to figure out how to close the gap between those who have service and have paid for it, and those who haven't yet. He doesn't think using CDBG funds is the best way. If Public Utilities was challenged to do it, they could come up with a way to make new customers out of those who aren't yet.

Commissioner Chasteen suggested that Commissioner Barrow bring such a plan forward.
Commissioner Charles Carter said that for once, he agreed with Commissioner Barrow, and hopes he will bring that plan forward and get it done.

SOUTHEAST CLARKE PARK RECOMMENDATIONS
Three citizens, Jason Thrasher, Joe Sanders, and JeaneAnne Davidson, spoke in favor of including a Skate Park. Edith Hollander, SE Clarke park neighbor, requested that active recreation areas and their lighting be located away from the adjacent neighborhoods. Laurie Laughton requested ACC funding for the Athens Community Playground Project.

Commissioners agreed to put this item, which includes the Skate Park in the top 5 "must have" features, on the consent agenda.

COLLEGE STATION RD. BIKE LANES BID & AWARD
Dorothy O'Niell of BikeAthens urged the Commission to consider 5-foot (rather than 4-foot) lanes; excessive speed is the rule on CS Rd. rather than the exception, and greater the buffer you provide to cyclists, the better. She also pointed out that holding drivers to speed limits is the single most effective way to improve safety for cyclists, pedestrians, and motorists. Claire Saunders, a Cedar Shoals High School student who rides her bike to school every day, suggested the lanes be extended the entire length of CS Rd. for safety reasons.

Commissioner Lynn agreed that the wider lane option should be considered. The expected bids had not yet arrived, so there was no further information to discuss.

PROPOSED WATER CONTRACT WITH OCONEE COUNTY.
This item involves a contract with Oconee County to fix rates for buying and selling water. There was a lengthy discussion about the terms; after which Commissioner Jordan remarked that as he understood it, it sounded like a good cooperative effort and a good deal for both local governments. Assistant Manager Bobby Snipes concurred.

CONSERVATION WATER RATE STRUCTURE
Two citizens representing the "Green" industry (nurseries), spoke in opposition to the proposed rate structure. Chris Butts of Charmar Flowers was concerned that the plan abandons public education, will prevent people from planting trees and shrubs, and will raise nurseries' operating costs by 21%. Ron Diehl of Classic City Gardens said the public will see this only as a rate increase, and suggested other measures, such as a watering ban based on zip codes and a "once a week is enough" education campaign.

Commissioners McCarter and Kathy Hoard expressed concern about the effects on nurseries and about the use of the funds derived from the rate structure, and expressed support for a more multi-faceted approach to achieving water conservation. Commissioner McCarter also suggested that the Commission take seriously what they agreed to in the Guiding Principles of the Comprehensive Land Use Plan about managing and directing growth - if we don't have enough water we should make some decisions. He expressed skepticism about the goal of reducing water use by 17.5% by 2050.

Commissioner Hoard was also concerned that this plan will only affect low- to moderate-income residents, and not deter the wealthy from wasting water. She feels the county needs to implement long-term restrictions with serious consequences for infractions. Dr. Todd Rasmussen, a hydrologist with UGA, would like to work with us on coming up with more comprehensive solutions.

Commissioner Barrow pointed out that since this rate structure is based on winter average use, it is really an irrigation conservation program, and doesn't get at indoor use. Because it is based on the average of what each household uses in winter, it isn't fair: those who use a lot to begin with are being subsidized. The plan should use a more objective standard, taking into account that we all use more water in the summer, but encourage folks to conserve year round, indoor and out. It should be based on whether you use more than another household, not more during summer than winter. Water is a scarce resource; we need to start treating it that way. If we don't conserve it for the green industry, they'll suffer; and potential industrial users we hope to attract will pass us by. We need incentives for people to conserve. A real conservation rate structure would reward people who are already where we want everyone else to be, like our "pay as you throw" trash program. The base rate is the average; those using a lot less than the average pay less than they had been paying before; those who use more pay a lot more. The plan needs to reward people doing the right thing.

ZONING ITEMS
REQUEST TO REZONE 60 ACRES ON BARNETT SHOALS FROM AR TO RS40
Commissioner Chasteen said he feels this is not an appropriate use for the property. Commissioner Jordan pointed out that the 54-lot site plan is not binding; and since RS zones no longer require a minimum lot size for subdivisions of more than 2 acres, the developers could potentially get 70 units with density bonuses.

UPS PARKING LOT EXPANSION
This discussion was interesting because Commissioner Jordan suggested requesting payment in lieu of requiring UPS to put in sidewalks on site, to be used to build sidewalks somewhere they are more needed. Planning Director Griffin liked that idea and said that Transportation & Public Works is willing to discuss it.

Commissioner Maxwell worried that UPS would move out of the county if we held them to our landscaping requirements. Commissioner Barrow pointed out that it would not be fair to exempt some businesses when we have required others to follow the rules; and the rules are for everyone's benefit, including those businesses.

PROPOSAL TO REQUIRE SPECIAL USE PERMIT FOR APARTMENT COMPLEXES IN RM ZONES
Commissioner Chasteen said the RM Committee has been working really hard and should have a recommendation by April 1st, for the most part with unanimous consent. They have established lots of empirical data, and have asked the Acting County Attorney to come to their last meeting. If they design some requirements into a development to fix the problems, it will require an ordinance. They are considering options of how to proceed after April 1. A special use overlay doesn't give a lot of wiggle room, and the Planning Commission was unanimously opposed to it. The Committee has talked to Acting County Attorney Holly Hilton about a short moratorium, 90 days or so, to allow time for staff to write the ordinance.

Commissioner Barrow said his impression is that there is a serious imbalance in the types of multifamily developments. ACC needs to set sustainable limits. Letting any extremely powerful and well-funded sector of the economy have what it wants is ok if the community can afford it; but land is a scarce resource, and letting just one sector of the rental market have whatever it wants is not going to work.

Commissioner Chasteen replied that this was the crux of the committee's work. Are we overbuilt and if so, in which sectors, student- or family-oriented? They have approached it logically, by looking at the data. He agreed that ACC shouldn't allow one sector to benefit at the community's expense, and pointed out that that one sector might be able to help ACC solve the problem of affordable housing. He suggested there may be some creative ways to achieve our community's and the industry's goals.

Beth Gavrilles